Patrick Ward appears in the courtroom at the Boulder County Jail on May 16, 2013. He was charged with two counts of vehicular homicide in the weekend crash in Lyons that killed a Boulder cyclist.
(CLIFF GRASSMICK)

A Boulder County Judge bound over the two felony vehicular homicide charges against a Lyons man accused of hitting and killing a Boulder cyclist while drunk, even as the driver's attorney brought up numerous questions about how the Boulder County Sheriff's Office handled the case.

Patrick Ward, 69, will face one count of vehicular homicide while driving under the influence -- a Class 3 felony -- and vehicular homicide reckless driving -- a Class 4 felony, after Boulder County Judge David Archuleta ruled prosecutors had enough evidence to take both felony cases to Boulder District Court at Ward's preliminary hearing earlier this morning.

Ward also faces misdemeanor charges of DUI, DUI per se and prohibited use of a weapon.

At the preliminary hearing, officials with the Boulder County Sheriff's Office said at around 5:10 p.m. on May 11 Ward was traveling west on Main Street in a Chevy Tahoe when he hit Michel Van Duym, who was headed east.

According to witnesses, Van Duym, 46, was thrown into the air and hit the Tahoe's hood and windshield before hitting the ground. He was declared dead on the scene.

Boulder County Sheriff's Deputy Brian Wagner testified at the preliminary hearing that when he arrived on scene, Ward was already in an ambulance being checked out by paramedics. Wagner said he heard Ward tell paramedics he didn't see the bike and that, "it's Saturday, they come down in hordes."

Wagner also said Ward told paramedics he had been at the American Legion for a trapshoot and had two beers. Wagner said Ward smelled of alcohol and said he found a spilled cup of beer in the front of the Tahoe. Three bottles of liquor were also found in the center console of the vehicle.

Boulder County Sheriff's Det. Mark Spurgeon said several witnesses on scene testified Ward told them the same thing, and that some reported that Ward "tumbled" out of his car after the accident.

Spurgeon said from his interviews, he gathered that Ward was traveling west in the westbound lanes when he went into a turn lane to make a left onto 2nd Avenue. Spurgeon said some people then said at one point Ward may have crossed the double-yellow lines into the eastbound lanes before making the left turn and striking Van Duym.

Wagner said Ward was taken to Longmont United Hospital after complaining of chest pains and labored breathing, and he was unable to perform roadside maneuvers.

A blood draw taken two hours after the accident showed Ward's blood alcohol level at .096, but Ward's attorney Lawrence Mertes pointed out that the blood kit had expired in February, which Wagner said he did not notice before the blood draw.

Additionally, Mertes pointed out that Ward initially refused the blood draw, but deputies did not obtain a warrant to draw his blood for the first three blood draws. The three blood draws deputies took after the warrant was obtained were not above the .08 legal driving limit.

Mertes also said the statements Ward made to the paramedics were protected under medical privacy laws.

As for the accident itself, Mertes said there were conflicting accounts as to whether Ward was ever in oncoming traffic or simply made a left turn and did not see Van Duym. While one person said she thought Ward was traveling at a high rate of speed, there were no skid marks or physical evidence showing that Ward was driving fast..

There are also conflicting accounts as to where Van Duym was coming from before the accident, and Mertes said "there may be culpability and liability on Mr. Van Duym for the way he entered the intersection."

"There was nothing indicating my client was driving in a reckless fashion," Mertes said. "What you have at best is a careless driving type of accident. These are ordinary occasions in our lives. We're humans and mistakes happen."

But Archuleta ruled there was enough to move the charges to district court.

"I heard enough evidence that both theories have been established," he said.

Ward is now scheduled for an arraignment on July 19. He remains in custody on $25,000 bond.

"My client, Mr. Ward, and his family continue to express very sincere concern for (Van Duym's wife) and what she's going through," Mertes said after the hearing.

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